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[return to "OpenAI departures: Why can’t former employees talk?"]
1. lopken+DC[view] [source] 2024-05-18 00:30:14
>>fnbr+(OP)
What a lot of people seem to be missing here is that RSUs are usually double-trigger for private companies. Vested shares are not yours. They are just an entitlement for you to be distributed common stock by the company. You don't own any real stock until those RSUs are released (typically from a liquidity event like an IPO).

Companies can cancel your vested equity for any reason. Read your employment contract carefully. For example, most RSU grants have a 7 year expiration. Even for shares that are vested, regardless of whether you leave the company or not, if 7 years have elapsed since they were granted, they are now worthless.

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2. lr4444+HD[view] [source] 2024-05-18 00:41:57
>>lopken+DC
Yes, they can choose not to renew and IANAL, but I'm fairly certain there has to be a valid reason to cancel vested equity within the 7 year time frame, i.e. firing for cause. I don't think a right to shares within the period can be capriciously taken away. You have a contract. The terms matter.
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3. lopken+JE[view] [source] 2024-05-18 00:55:02
>>lr4444+HD
> You have a contract. The terms matter.

Right. In the case of OpenAI, their equity grant contracts likely have a non-disparagement clause that allows them to cancel vested shares. Whether or not you think that is a "valid reason" is largely independent of the legal framework governing RSU release.

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